Terms of Service

1. Definitions and Interpretation

1.1 In these Terms, unless the context requires otherwise:

"RTOPilot" means the cloud-based student management system and associated services provided by XMB Technology Pty Ltd ABN 49 672 748 391.

"RTO" means the Registered Training Organisation that has agreed to these Terms and is authorised to use RTOPilot.

"Successful Enrolment" means any student enrolment where the student has (i) made payment for the training, (ii) attended or participated in the training, and (iii) received a final grade or completion status, regardless of the outcome.

"Booking Fee" means the fee charged by RTOPilot for each Successful Enrolment processed through the platform, as specified in the current pricing schedule.

"Platform Data" means any data generated by or within the RTOPilot system through its normal operation.

"RTO Data" means any and all data, materials, and information entered, uploaded, or generated by the RTO or its authorised users within RTOPilot.

"Student Data" means any personal information, educational records, or other data relating to enrolled students.

1.2 In these Terms:

• headings are for convenience only and do not affect interpretation;
• the singular includes the plural and vice versa;
• "including" and similar expressions are not words of limitation;
• a reference to a person includes a corporation or any other legal entity; and
• if a word or phrase is defined, its other grammatical forms have a corresponding meaning.

2. Service Description and Access

2.1 RTOPilot grants the RTO a non-exclusive, non-transferable, revocable license to access and use the RTOPilot platform in accordance with these Terms.

2.2 The RTO acknowledges and agrees that RTOPilot may modify, enhance, or update the platform's functionality from time to time at its sole discretion, provided that any material changes will be communicated to the RTO in advance.

2.3 The RTO acknowledges and agrees that authorised RTOPilot support staff may access the RTO's account and data when necessary to provide technical support, troubleshoot issues, or assist with customer inquiries. All such access is subject to our Privacy Policy and internal security protocols.

2.4 Access to RTOPilot shall be through user accounts with different permission levels as determined by the RTO's designated administrators. The RTO is responsible for:

• maintaining the confidentiality of all user account credentials;
• all activities that occur under its user accounts; and
• ensuring that all users comply with these Terms.

3. Data Management and Privacy

3.1 Data Storage and Security

3.1.1 RTOPilot shall store all critical records within Australian territory and implement reasonable security measures to protect RTO Data and Student Data from unauthorised access, disclosure, or loss.

3.1.2 RTOPilot shall perform system backups according to the following schedule:

• daily backups retained for three (3) months;
• weekly backups retained for the period between three (3) and twelve (12) months; and
• monthly backups retained for periods exceeding twelve (12) months.

3.2 Data Ownership and Access Rights

3.2.1 The RTO retains all ownership rights in the RTO Data. The RTO hereby grants RTOPilot a non-exclusive, worldwide license to use, copy, transmit, store, and backup the RTO Data as necessary to provide the services and maintain the platform.

3.2.2 Student Data shall be accessible to students through the Student Portal both during and after the completion of their training, subject to privacy laws and these Terms.

3.3 Data Retention and Termination

3.3.1 Upon termination of services, the RTO shall have access to export its data for a period of six (6) months ("Grace Period").

3.3.2 Following the Grace Period, RTOPilot shall:

• archive and delete RTO-specific data;
• retain Student Data necessary for compliance with applicable laws; and
• maintain student completion records and AVETMISS data as required by law.

4. Commercial Terms

4.1 Booking Fees and Payment

4.1.1 The RTO agrees to pay RTOPilot a Booking Fee for each Successful Enrolment processed through the platform, as specified in the current pricing schedule.

4.1.2 Payment of Booking Fees shall be processed as follows:

• For public enrolments with upfront payment, fees shall be automatically deducted via Stripe Connect; or
• For corporate bookings or special payment arrangements, fees shall be invoiced on a regular billing cycle with payment due within thirty (30) days.

4.1.3 RTOPilot reserves the right to modify the Booking Fee structure by providing not less than seven (7) days' written notice to the RTO.

4.2 Refunds

4.2.1 Booking Fees shall be refunded only in the following circumstances:

• cancellation of an enrolment prior to completion; or
• at RTOPilot's sole discretion for other valid reasons.

4.2.2 Booking Fees shall not be refunded for Successful Enrolments, even if the RTO subsequently refunds the student.

5. Platform Availability and Support

5.1 Service Level Commitment

5.1.1 RTOPilot shall use reasonable efforts to maintain platform availability, subject to:

• scheduled maintenance windows with minimum three (3) days' notice;
• emergency maintenance as required; and
• factors beyond RTOPilot's reasonable control.

5.2 Support Services

5.2.1 RTOPilot shall provide support services through the following channels:

• email support;
• chat support; and
• telephone support for paying customers.

5.2.2 RTOPilot shall endeavor to address critical issues within twenty-four (24) hours where practicable.

6. Integration and Third-Party Services

6.1 RTOPilot may provide integrations with third-party services, including Learning Management Systems (LMS), on an "as-is" basis.

6.2 The RTO acknowledges and agrees that:

• RTOPilot does not warrant the accuracy or reliability of third-party integrations;
• RTOPilot is not responsible for the configuration or operation of third-party services; and
• the RTO remains responsible for verifying all data processed through integrations.

7. Compliance and Responsibilities

7.1 RTO Obligations

7.1.1 The RTO shall:

• comply with all applicable laws and regulations, including the Standards for RTOs 2015;
• maintain the accuracy of all data entered into the platform;
• verify the accuracy of AVETMISS data prior to submission; and
• ensure compliance with privacy laws and marketing consent requirements.

7.2 RTOPilot Obligations

7.2.1 RTOPilot shall:

• maintain platform security and availability;
• implement reasonable data protection measures;
• provide necessary tools for RTO compliance; and
• maintain system backups as specified in these Terms.

8. Liability and Indemnification

8.1 Limitation of Liability

8.1.1 To the maximum extent permitted by law, RTOPilot's total liability under these Terms shall not exceed the total Booking Fees paid by the RTO in the twelve (12) months preceding the event giving rise to the liability.

8.1.2 RTOPilot shall not be liable for:

• any indirect, consequential, or special damages;
• loss of data, profits, or goodwill;
• third-party integration issues; or
• force majeure events.

8.2 Indemnification

8.2.1 The RTO shall indemnify and hold harmless RTOPilot against any claims, damages, or losses arising from:

• breach of these Terms;
• misuse of the platform;
• violation of third-party rights; or
• non-compliance with applicable laws.

9. Term and Termination

9.1 These Terms commence upon the RTO's acceptance and continue until terminated in accordance with this section.

9.2 Either party may terminate these Terms:

• with thirty (30) days' written notice; or
• immediately upon material breach by the other party.

9.3 Upon termination:

• the RTO's right to access the platform shall cease;
• outstanding Booking Fees shall become immediately due; and
• data handling shall proceed as specified in Section 3.3.

10. Changes to Terms

10.1 RTOPilot reserves the right to modify these Terms from time to time.

10.2 Any changes to these Terms will be:

• Notified to RTOs via email and available through the platform;
• Effective 7 days after notification; and
• Binding upon continued use of the platform after the effective date.

10.3 If you do not agree with the modified Terms, you must stop using the platform before the changes become effective. Continued use of the platform after the effective date constitutes acceptance of the modified Terms.

11. General Provisions

11.1 Governing Law

11.1.1 These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

11.2 Entire Agreement

11.2.1 These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations.

11.3 Severability

11.3.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.4 Assignment

11.4.1 The RTO shall not assign its rights or obligations under these Terms without RTOPilot's prior written consent.

11.4.2 RTOPilot may assign its rights and obligations under these Terms upon notice to the RTO.

12. Contact Information

12.1 For any questions regarding these Terms or the RTOPilot platform, please contact:

XMB Technology Pty Ltd
Email: support@xmb.com.au

12.2

The RTO must ensure that its contact information remains current and shall promptly notify RTOPilot of any changes to its designated contacts.